111 U.S. 797 - Friend v. Wise

111 US 797 Friend v. Wise

111 U.S. 797

4 S.Ct. 695

28 L.Ed. 602

FRIEND and othersv.WISE.

May 5, 1884.

Henry Beard and Chas. H. Armes, for motion.

W. J. Johnston, in opposition.

WAITE, C. J.

1

These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants jointly. In this respect the case is entirely different from those of Tupper v. Wise and Lynch v. Bailey, 110 U. S. 398; S. C. ante, 26, 27. We have jurisdiction, therefore.

2

The questions arising on the merits are, some of them, of a character that ought not to be disposed of on a motion to affirm.